Discovery: Theory & Practice (S)


This seminar will involve an in-depth examination of discovery practice under the federal rules of civil procedure. The topics to be covered are set out below. Grades will be derived from a final paper, mini-quizzes and assignments, and classroom participation. There is no required text. 1. History and purpose of discovery. 2. Discovery abuse. 3. Rule 26. The scope of discovery and the major limitations on the scope of discovery. 4. Rule 26. The conference of the parties and planning for discovery. The impact of the local rules on discovery. 5. Rule 26. Self-executing disclosures and expert discovery. 6. e-discovery. 7. Written discovery. Rules 33, 34, and 36 (interrogatories, document requests, and requests for admission). 8. Deposition discovery. Rules 30-32. Rule 45 subpoenas. 9. Rule 37. Failure to cooperate in discovery. Sanctions. 10. Rule 37. Discovery motion practice. 11. Effective discovery. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. RESTRICTION: Students who completed E-discovery (JD 795) may not enroll. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.